01/14/26  Portland Press Herald.

Yarmouth gets $1 million grant for Royal River dam removal. The money allows the town to start the long-anticipated project this summer. https://www.pressherald.com/2026/01/14/yarmouth-gets-1-million-grant-for-royal-river-dam-removal/

END

01/13/26  Email from Scott LaFlamme

Subject: NRPA Permit Follow-Up

Hi folks,

A few weeks ago, I shared a letter that was sent to abutters as part of the Town’s Natural Resources Protection Act (NRPA) application to the Maine Department of Environmental Protection for proposed restoration work in the Royal River. Providing this notice is a required step in the permitting process and helps keep nearby property owners informed as the State’s review moves forward.

The letter included a link to the materials submitted in support of the permit request. Unfortunately, that link directs readers to the Maine Enterprise Licensing System (MELS) Hub rather than to the specific project page itself. Submission materials can be found through that landing page, but there has been some interest in streamlining that process. Those options are below!

You can access permit-related documentation by:

•        Visit the MELS page (https://mels.maine.gov/ncore/external/home), click on “Site Map Explorer”

•        Zoom in to the East Elm Street location

•        Click on the point labeled Royal River Removal when you hover over it

Or you, can just click here: Maine DEP Map Explorer

Scott

Scott LaFlamme, M.P.A | Town Manager

END

01/08/26  (Town Newsletter)

Progress for Royal River Restoration:

MNRCP Approves $1 Million Grant

The Town of Yarmouth is pleased to announce a major milestone in its Royal River restoration efforts. On January 7th, 2025, the Maine Natural Resources Conservation Program (MNRCP) approved a $1 million grant to support this transformative restoration project. While the funding won’t cover the entire scope of work, it provides a critical boost needed to begin the work of removing the Bridge Street dam and fishway in the summer of 2026. The project will restore natural river flow, improve fish passage, and enhance the habitat for generations to come.

MNRCP, managed by The Nature Conservancy for the Maine Department of Environmental Protection (DEP) and the U.S. Army Corps of Engineers (USACE), allocates funds through Maine’s In Lieu Fee Compensation Program. This program collects fees from projects that impact natural resources and pools them to support larger, high-impact restoration and preservation efforts across the state.

Thanks to additional donations from the American Rivers organization that paid for all engineering design and permitting work, the Town is ready to take the first steps toward revitalizing the river ecosystem. Before proceeding, and in partnership with American Rivers, necessary permits will be secured and an engineering firm will be hired.

Per a resolution passed by the Town Council in January of 2025, the Town will not use property taxes to pay for the main work of river restoration – removal of dams and fishways, surveys and potential work at Middle Falls, revegetation and mitigation of invasive species, and continued adaptive management to ensure the project’s success. These items are referred to as the “Approved Work” in the resolution.

On December 19th, 2025, the Town submitted a permit application to the Maine Department of Environmental Protection (DEP) that included designs that were 60% complete for work at Bridge Street, Middle Falls, and East Elm Street. The application was accepted on January 2nd, 2026. The Town will continue to update its application using the Maine Enterprise Licensing System (MELS). Royal River restoration project documents on MELS can be found here.

The Town continues to await a funding decision on a grant proposal submitted to the National Oceanic and Atmospheric Administration (NOAA), which may fund the remaining work. While a substantial award would eliminate the need for further fundraising, a decision has yet to be made. In the meantime, the Town continues to actively pursue additional grants and alternative funding opportunities to ensure the project’s success.

Because multiple public meetings were held during the U.S. Army Corps of Engineers (USACE) Section 206 Study, the DEP is not requiring a public meeting to be held regarding the permit application. However, a public meeting can be requested by any member of the public within 20 days of January 2nd, 2026, the date the application was accepted for processing.

For more information about the USACE Section 206 Study, visit the Town website or contact Town Council Chair, Karin Orenstein, at korenstein@yarmouth.me.us. Stay tuned for new and additional updates on the project page as the Town moves forward with this exciting restoration project.

END

01/05/26  Email from Karin Orenstein

Subject: Royal River Update

Hi everyone,

Just a quick update.  Maine DEP accepted the Town's permit application for processing this past Friday, January 2, 2026.  While the application was submitted on December 19th, its acceptance by DEP on January 2nd starts the 20-day period for requesting a public hearing. 

The documents related to the application and its review are available on the MELS website.  For your convenience, here is a direct link to the project documents:  https://mels.maine.gov/nsite/default/map/results/detail/5786529/243

-- Karin

Karin Orenstein

Chair, Yarmouth Town Council

END

12/22/25  Email from Scott LaFlamme

Subject: Royal River Update

Hi everyone,

I wanted to share a quick update regarding the Royal River restoration project. The attached letter was recently sent to abutters as part of the Town’s Natural Resources Protection Act (NRPA) application to the Maine Department of Environmental Protection for proposed restoration work in the Royal River. Sending this notice is a required step in the permitting process and helps keep nearby property owners informed as the State review moves forward. Included in the letter is a link to all materials submitted in support of the permit request.

It’s also worth noting that all costs associated with the initial engineering, design, and permitting for this phase of the project are being covered by American Rivers, a national nonprofit focused on river restoration. No local taxpayer funds are being used for this work.

If you’re interested in learning more, the Town’s website has the most recent project update available for review, which provides additional background and outlines what to expect next.

As always, feel free to reach out if you have any questions. Have a very Merry Christmas and I look forward to working with everyone in the new year.

Scott

Scott LaFlamme, M.P.A | Town Manager

(Link to Letter from the Town)

END

10/24/25

USACE releases its final Section 206 Aquatic Ecosystem Restoration Study for the Royal River. (click link)

END

10/14/25  (Town Website)

An Update on the Royal River Dams from Karin Orenstein, Town Council Chair U.S. Army Corps of Engineers Completes Feasibility Study 

On September 24, 2025, the U.S. Army Corps of Engineers (USACE) provided the Town with its final report on its Section 206 Aquatic Ecosystem Restoration study of the Royal River.  The Final Report, available on the Town’s website, contains a 30% design for removal of two Town-owned dams and their associated fishways, as well as measures to promote fish passage at Middle Falls. 

The USACE’s recommendation differs from the Town’s preferred approach in two important ways.  

First, the Town prefers to fully remove the East Elm Street Dam, rather than leave the left-descending portion and dewatering the channel that creates and protects Gooch Island.  In its report, USACE noted that removal of the full dam would not impact “the effectiveness of the recommended plan to improve fish migration in the Royal River.” 

Second, USACE recommended a 40-foot diversion structure at Middle Falls to push water into the back channel behind Factory Island.  As the U.S. Fish & Wildlife Service (USFWS) wrote in their agency’s technical response to the draft report, more information is needed about the topography of the Middle Falls and back-channel riverbeds to determine the best strategy for fish passage.  While waiting for the final report, using donated funds (and drones!), the Town was able to obtain topographic mapping of the riverbed from above the East Elm Street Dam to below the Bridge Street Dam, including a detailed map of the Middle Falls main stem and back channel.  When this data is uploaded into a modeling program, engineers will be able to identify specific places in the main and/or back channel to chip bedrock to improve upstream fish passage.  Chipping bedrock is an inexpensive method that, unlike building a 40-foot structure, will not burden the Town with future operations and maintenance expenses or create barriers for whitewater paddlers.  The final report notes that while USACE based its “best buy” recommendation on project costs for construction and monitoring, it did not take into account any future expenses that would be borne by the Town alone. 

In January 2025, the Town Council passed a resolution in favor of dam removal but committed to pursuing grants and fundraising to pay for this work.  Since then, we’ve been busy seeking and applying for grants with our partner American Rivers, a nonprofit dedicated to protecting and restoring rivers. While USACE is unable to assist with projects beyond the scope of its recommended plan, American Rivers is helping us apply for grants that would cover removal of the full East Elm Street Dam, replacing a dry hydrant in North Yarmouth, building a universally-accessible boat launch at Baston Park, repairing the historic and accessible overlook in Grist Mill Park for future viewing of alewife runs, removal of the penstock at Middle Falls, repairing stone walls supporting houses abutting the dams, and replacing the boat launch at the Yarmouth Historical Society.   

At this time, USACE does not have the funding to offer the Town a contract to work on Design & Implementation work.  Nor is there agency guidance yet telling us whether our share of the $5.4M cost would be 35% ($1.9M) or 15% ($813K), a difference of over $1 million!   

Given the uncertainty surrounding federal funding and processes, it’s important for the Town to have alternative pivot points — one of which may be working with American Rivers as our project manager. Fortunately, American Rivers is already an active and committed partner in our project. They take a collaborative, team-based approach and have convened a group that includes Town representatives, local nonprofits such as Maine Rivers and the Casco Bay Estuary Partnership, and federal agencies including the U.S. Fish and Wildlife Service (USFWS) and the National Oceanic and Atmospheric Administration (NOAA). 

American Rivers has already secured funding to support design and permitting work while we await decisions on federal funding for project construction. They also bring extensive experience and proven capacity as project managers for dam removal and river restoration initiatives. Partnering with American Rivers would provide the Town with a single, consistent project manager overseeing the full scope of work. Moreover, this partnership ensures that the Town has a seat at the table in key decision-making processes. For example, we would participate directly in determining how to proceed at Middle Falls and could stipulate that contractors carry environmental liability insurance covering potential claims from harbor-based businesses in the event of any atypical sediment release. 

At this point, we have submitted a proposal to NOAA requesting sufficient funds to cover the full scope of the project.  We understand that our proposal has been scored by agency staff and is awaiting a funding decision (along with many other proposals for various grants).  We have also submitted a full application to the Maine Natural Resource Conservation Program (MNRCP), requesting $1 million.  We continue to seek out funding opportunities and submit grant requests.   

We look forward to sharing future updates as they occur; however, given the potential impacts of a federal government shutdown, updates may be infrequent. In the meantime, if you have any questions, don’t hesitate to reach out at korenstein@yarmouth.me.us.

END

06/09/25

Scott LaFlamme, Town Manager, said in an town office meeting that the USACE  Royal River Aquatic Ecosystem Restoration Study project delivery team submitted their final report for internal review on May 1, 2025.  He expects that this USACE internal review will be completed by the end of June—at which time the final report will be available to the public.

END

1/02/25 

The Town Council unanimously passed a resolution allowing the two dams in Yarmouth to be removed (Watch Here).  This was a historic vote and has cleared the way for next steps.  Click to read the "Royal River Restoration Resolution (Amended & Adopted)".

END

12/16/24 

USACE Section 206 Study Bi-Weekly Project Update

Date: December 16, 2024, 3:15 pm  Present: Janet Cote, Project Manager (remote); Karin Orenstein (remote)

Janet reported that the Project Delivery Team (PDT) is in a holding pattern as they are almost out of project funds.  At this point, the Agency Technical Review is completed, while the legal and policy review and public comments remain to be addressed.  Once USACE receives the requested funds, they will proceed to complete these tasks and finalize the report.  Karin advised that the $81k request was on the Town Council’s December 19th agenda.  Janet confirmed that the reasons that the project costs were higher than estimated is that the original estimate did not include (1) Middle Falls, (2) community concerns about Gooch Island or (3) the level of public engagement.  All of these have made for a better project, but have required more of USACE’s time and effort than originally anticipated.

Janet and Karin noted the ongoing email communication between Bill Mehr (PDT-Real Estate) and Maine DEP about riparian rights and permitting.

Karin asked whether the scope of the USACE project could include impacts on infrastructure (specifically, the dry hydrant in North Yarmouth noted in the draft report) and stakeholders (specifically, harbor businesses seeking risk mitigation insurance).  Janet does not believe the dry hydrant will be impacted based on information available to the PDT while working on the draft report.  However, it’s possible that during the design & implementation phase, USACE would learn more about the hydrant and change their position.  Janet will find out whether impacts on infrastructure, such as the efficacy of a dry hydrant, could be included in the scope of USACE’s project.  Similarly, while USACE does not believe there is a risk of contamination or increased dredging, she will look into whether the project scope could include insuring against that risk.  Janet will also ask the dredging side of USACE for their views on whether the (much larger) federal navigational channel dredge would be impacted and what, if anything, they are doing to address that risk.

The meeting ended at 3:40 p.m.

END

12/02/24 

USACE Section 206 Study Bi-Weekly Project Update

Date: December 2, 2024. 3:15pm Present: Janet Cote, Project Manager (remote)

Karin Orenstein (remote); Scott LaFlamme (remote)

- Janet Cote (USACE Project Manager) reported that the Project Delivery Team (PDT) is

continuing to address questions and comments from the Agency Technical Review (ATR). In

addition to responding to ATR items, the team is also reviewing questions from the USACE’s North Atlantic Division (NAD).

Donnie Faughnan (USACE Wildlife Biologist) is compiling all questions and comments

submitted during the NEPA-required 30-day concurrent review process. All public comments will be incorporated into the USACE’s final feasibility report.

Scott LaFlamme is working with representatives from the Maine Department of Environmental Protection (DEP) to address questions regarding the need for in-water temporary access easements at the three project sites.

- Janet clarified that the U.S. Fish and Wildlife Service did submit a letter that provided the

Resource Agency’s official opinion of the project as part of the 30-day concurrent review

process. They agency completed a site visit in June 2024.

- In response to earlier questions about a possible locally preferred plan (LPP) that would study a nature-like fishway, Janet provided the Project Study Team with a cost estimate for

evaluating that alternative. The estimated cost for this work is $480,000. She also noted that if the Town chooses to pursue a nature-like fishway, ongoing maintenance of the East Elm Street dam will be necessary to maintain the required water height and flow along the fishway. 

The meeting was adjourned at 3:30pm.

END

11/04/24 

USACE Section 206 Study Bi-Weekly Project Update

Date: November 4, 2024. 3:15pm

Present: Janet Cote, Project Manager (remote), Karin Orenstein (remote), Scott LaFlamme (remote)

Janet Cote, USACE Project Manager, reported that the Project Delivery Team (PDT) continues to receive questions and comments from the public. All electronic and written correspondence has been forwarded to the Town, where it is being compiled for review by the Town Council during their deliberations. In addition to gathering public input, Janet noted that the PDT is actively addressing a number of internal questions through the USACE’s Agency Technical Review (ATR) process.

While the PDT is working to respond to public inquiries as quickly as possible, responses to ATR questions are due by the end of this week, making internal queries the current priority for USACE. All questions submitted by the public will be addressed as soon as reasonably possible, but responses are not expected to be completed within the 30-day public comment period.

Royal River Task Force members are continuing to develop questions related to the draft Detailed Project Report/Environmental Assessment (DPR/EA). Karin will send priority questions to Janet from the RRTF in the hopes they can be responded to in time to be included in their deliverable to the Town Council.

The Town Council will hold a Special Meeting on Thursday, November 7th, at the Log Cabin, prior to its regular Workshop meeting. During this meeting, a public hearing will be conducted to gather comments related to the Section 206 study of the Royal River. A second public hearing is scheduled for November 21st at 7:00 pm, also at the Log Cabin. No Town Council action is expected at either meeting.

Janet will send Scott an estimate and breakdown for upcoming fund requests.

Karin asked why the draft report quoted FWS’s letter stating that chipping at two locations in the back channel at Middle Falls would be sufficient, but then did not explain why that option was screened in favor of the more expensive water diversion option. Janet will try to get an answer but noted that FWS has not submitted a report from its site visit.

The meeting was adjourned at 3:30pm. 

Please remember that the deadline for public comment on the draft report is November 15th.  Comments and questions can be emailed to USACE at: RoyalRiverYarmouthME@usace.army.mil

END

10/21/24 

USACE Section 206 Study Bi-Weekly Project Update

Date: October 21, 2024. Present: Janet Cote, Project Manager (remote), Christopher Tilley, USACE Cost Engineer (remote), Karin Orenstein (remote), Scott LaFlamme (remote), Michelle Cromarty (remote), Debbie Landry, Royal River Task Force Member (remote), Mike Brandimarte, Royal River Task Force Member (remote)

- Janet Cote (USACE Project Manager) reported that the Project Delivery Team (PDT) has received numerous comments from the public during the 30-day concurrent review process. All electronic correspondence has been shared with the Town, where it is being collected for future Town Council review. Janet also shared that in addition to soliciting public comments, the PDT is fielding questions and comments from a variety of other USACE divisions and State and Federal agencies.

- Chris Tilley (USACE Cost Engineer) was available to answer questions related to the Tentatively Selected Plan’s (TSP) project budget. He and Janet responded to several questions related to the proposed adaptive management plan and five-year monitoring program. The $50,000 budget ($10,000 per year for five years) for monitoring will allow the USACE to analyze whether the improvements are hitting the habitat unit benchmarks that have been developed along the study area. The cost of adaptive management measures outside of what has been included in the draft report will be split between the USACE and the Town of Yarmouth (65% USACE, 35% Town).

- Members of the Royal River Task Force raised several questions about the metrics used to project the habitat unit total in the draft report. They would like to know more about similar case studies or the best available data sets that helped to inform those totals. They also hope to learn more about how the USACE plans to track the success of the project, should the Town endorse the TSP. Janet will work with Donnie Faughnan (USACE Biologist) to answer those questions prior to the next project update meeting.

- The Yarmouth Town Council formally established the Joint Committee on Royal River Recreation and Ecology during their most recent voting meeting. The Committee, which will be comprised of two Yarmouth Town Council members, two North Yarmouth Selectboard members and a resident from each community, is also being created in North Yarmouth. Together, the two communities are committed to addressing shared challenges and opportunities along the Royal River.

- The Royal River Task Force will be hosting a public open house event on Monday, October 28th at 6:00pm in the Log Cabin. Here, the Task Force will welcome questions and comments related to the draft Detailed Project Report/Environmental Assessment. The public’s feedback will be important to guiding their work and future Town Council decisions. The meeting was adjourned at 4:10pm.

END

10-09-24

USACE Section 206 presented "The DRAFT Integrated Detailed Project Plan and Environmental Assessment"  for public comment and questions.

This meeting was held in person at 6PM in the Patriot Insurance building on Rte. 1 and was also available virtually. The DRAFT DPP/EA report was released on October 11. 

Following the meeting, a 30 public comment period begins on October 10 to November 10th.

Send comments or questions to USACE and Town of Yarmouth using this link. 

Meeting ended at 8 PM.

9-23-24

USACE Section 206 Study Bi-Weekly Project Update

Date: September 23, 2024. 3:15pm Present: Janet Cote, Project Manager (remote), Karin Orenstein (remote), Scott LaFlamme (remote)

• Janet Cote (USACE Project Manager) shared that the draft DPR/EA is still being reviewed by USACE’s Office of Counsel for legal compliance. 

• The USACE public meeting, which will kick off the NEPA-required 30-day concurrent review process, will take place on Wednesday, October 9th at 6:00pm in the first-floor conference room of Patriot Insurance (701 Route 1). Several members of the Project Delivery Team (PDT) will be attending the meeting in person, including Tom Mihlbachler (water model) and Donnie Faughnan (biologist), with others participating virtually. Town staff have designed informational postcards, which will be mailed to all Yarmouth postal customers by early next week. 

• At the conclusion of the public meeting (beginning October 10th), the draft report will be available on USACE’s website, and the 30-day public comment period will begin. Information on how to submit questions and comments will be shared during the public meeting and on the Town’s website.

• Members of the PDT will reach out to Royal River abutters in both Yarmouth and North Yarmouth (south of Baston Park/Route 9) to coordinate a smaller public meeting to answer real estate related questions. The tentative date for that meeting is Thursday, October 10th at 6:00pm in the Town Hall Community Room. 

• Members of the Study Coordination Team discussed public meeting logistics for the remainder of the meeting

The meeting was adjourned at 3:40pm. 

END

9-11-24

USACE Section 206 Study Bi-Weekly Project Update

Date: September 11, 2024. 3:15pm. Present: Janet Cote, Project Manager (remote), Karin Orenstein (remote), Scott LaFlamme (remote)

- Members of the Study Coordination Team met for the first time in several weeks. Janet,

along with members of the Project Delivery Team (PDT), has been working hard to finalize the draft Detailed Project Report/Environmental Assessment (DPR/EA). Since the Study Coordination Team’s last meeting, the draft DPR/EA has been completed and it is now being reviewed by USACE’s Office of Counsel for legal compliance. Once cleared by legal, the draft report can be shared with the public, at which point the Town and USACE can finalize details for a public meeting. This meeting will signify the beginning of the Corps’ NEPA-required 30-day public review process. Janet expects that the draft report will be available for public review in early October, coinciding with a public meeting to kick off the 30-day period. When the draft report is available to the public, USACE will provide two hard copies for public review at public facilities.

- Once a date is set for the public meeting, Scott will coordinate with local venues that can accommodate a larger than normal crowd. As logistics are finalized (as early as next week), the Town will be mailing an informational postcard to every Yarmouth resident with meeting details. The meeting will be available virtually as well, meaning that residents can participate in person or from home.

- In addition to hosting a community-wide public meeting, members of the PDT will also host a smaller public meeting with Royal River abutters to discuss potential real estate impacts. All direct abutters, from Sparhawk Mill to Baston Park, will be invited to attend. Logistics for this meeting are also being finalized. Once a date and location are determined, USACE will reach out to property owners directly with additional information.

- As the Town continues to explore opportunities to better inform the community on this initiative, members of the Study Coordination Team shared the following:

o Karin volunteered to write an executive summary for the draft DPR/EA from the Town, in hopes of simplifying an incredibly technical report.

o The Town successfully released three informational videos on its social media channels and website to educate the public on the study’s history and potential next steps. A fourth video will be released soon to share information on the recently completed H&H model of the Royal River.

o Karin manned an information table about the river restoration project at the Farmer’s Market on six Thursdays over the summer, speaking with over 100 residents of Yarmouth and nearby towns.

o The Town Council recently appointed a Royal River Task Force to assist in reviewing the draft DPR/EA and sharing thoughts with the Town Council on potential next steps.

The meeting was adjourned at 3:45pm.

END

8-13-24

USACE Public Meeting Presentation of H&H Results, August 13th, 6:30 PM at the Log Cabin. 

The US Army Corps of Engineers provided the results of their H&H modeling. Hydrology and Hydraulics Modeling can predict how the river (water level and velocity) will be impacted by E.Elm and Bridge St. dam removal. 

Here are the Public Meeting Slides.

Here is the Public Meeting Recording.

7-29-24

ACOE Section 206 Study Bi-Weekly Project Update

Present: Janet Cote, Project Manager (remote), Karin Orenstein (remote), William Mehr, Project Delivery Team-Real Estate (remote)

Bill Mehr (PDT-Real Estate) reviewed a real estate assessment questionnaire with Karin Orenstein concerning the Town’s capacity for acquiring easements needed to access and use property to implement the Tentatively Selected Plan (TSP).  Bill reviewed the estimated schedule for real estate work, which is tied to further work on project design.  Under this estimated schedule, PDT-Engineering would have from August 2025 to February 2026 to complete the design for the project.  At that point, PDT-Real Estate would prepare rights of way and maps for the project.  The Town would then have nine months, from February 2026 to November 2026, to acquire the eight easements currently identified.  Five of the easements would be for Town-owned property, one for the Yarmouth Historical Society, and two for property that is held privately.  If it takes the Town less time to acquire the easements, the subsequent work schedule could be moved up.  

Karin asked Bill whether easements could be donated.  Bill said that there is a process for donating easements.  It involves the property owner signing a “waiver of appraisal” letter, indicating that they are aware that they have a right to fair market value for what is essentially renting part of their property for three years, but they waive the appraisal and payment. Whether a property owner donates the easement or not, the Town needs to have a survey and title search done for each property/easement area.

Karin asked whether donated easements could count as work-in-kind by the Town (i.e., count toward the Town’s portion of the project cost).  Bill will check with counsel.

Bill will send the assessment questionnaire with the answers we filled in during the biweekly meeting to Scott LaFlamme, along with a sample submitted by another nonfederal sponsor.  USACE asked that Scott finalize the Town’s answers, sign the document and send it back to Bill.  (Bill subsequently sent these documents by email.)

Karin asked how the real estate work would be impacted if the Town opted to request a Locally Preferred Plan (LPP).  Bill clarified that this work schedule is solely based on the TSP being selected.  If the Town requests an LPP, PDT-engineering would have to develop the design, costs and benefits for the LPP, PDT-real estate would draw up new maps and rights of way, and the Town would likely have to get an appraisal and easement on an additional property.

Karin thanked Janet for her review and comments on the Town’s Frequently Asked Questions (FAQ).  The FAQ is live on the Town’s website.

Karin shared a number of questions and concerns shared by constituents in the past week.

• Karin asked whether the foundry channel was considered for use as a nature-like fishway.

• Karin asked whether alewives and shad are likely to return if they cannot reach a lakelike environment.  Janet will confirm with PDT-Environmental biologist Donnie Faughnan, but believes that in the absence of preferred spawning habitat, these species will spawn in less preferred riverine habitat.

• A town resident reported that there used to be 50,000 alewives on the Royal River.  Do we know why the population declined, and how does that affect USACE’s prediction that under the TSP, 24,000+ alewives would swim upstream?  Janet responded that the 2010 Stantec report (page 6-7) reported the 50,000 fish were stocked in the Bridge Street impoundment during 1981. At this time the estimated fish population was the same (50,000). Once the stocking effort ended, fish populations were not able to maintain those numbers. USACE believes that the reasons why fish populations couldn’t be sustained without stocking at that time (1990’s) were because the fish ladders were not functioning as designed and the impediments to fish passage were still in place.

• Karin asked if the abutter meeting was in the process of being scheduled.  Janet advised that the abutter meeting would take place right before the public meeting coinciding with release of the draft report.  In earlier conversations the Town and USACE had agreed that property holders in the vicinity of the Elm Street Dam, the Bridge Street Dam and in between those locations would be invited.  Karin noted that at the July 22nd neighborhood meeting there had been a suggestion that all abutters of the Royal River be engaged and that the Town had decided to send letters to all abutters.  In these letters, we ensure that the abutters are aware of the Study and its status, inform them about the August 13th public meeting, and offer to meet individually with any interested abutter.  To Karin’s knowledge, the letters have not yet been mailed.

• Karin asked whether there was deadline for the Town to request an LPP.  Janet advised that the Town would be expected to wait for the draft report to be issued and public comments to be received.  From that point on, USACE will be working to finalize their report by the spring of 2025.  Should the Town request an LPP, the USACE would be able to perform further analysis and revisions to the report to include the LPP on the current timeline, but the sooner the Town makes a decision, the easier it will be for the USACE to maintain that schedule.

• Karin asked what the process would be for submitting public comments.  Janet advised that comments could be sent by mail or online.  Online submissions could be sent via email.

• Karin asked if the H&H presentation at the August 13th public meeting will include the local impact of partial vs. full removal of the Elm Street Dam.  Janet will check with Tom Mihlbachler (PDT-Water Management).

• Karin asked Janet, hypothetically, what the implications would be if the Town persuaded USACE to change the TSP to include full removal of the Elm Street Dam.  Janet advised that the draft report sections on the TSP and its impact would have to be rewritten and USACE would have to justify the change by showing benefits that counteract the costs.  Since USACE did not calculate costs for full dam removal, PDT-Cost Engineering would have to calculate those expenses and redo the cost-benefit analysis, PDT-Civil Engineering would have to change their drawings, Tom M. would have to re-run the H&H modeling, etc.  Both PDT-Real Estate and the Town would have to seek an appraisal and easement on an additional property.  Bill noted that just obtaining an informal appraisal could take 2-3 months.

• Karin noted that because the draft report would be the basis of funding applications, perhaps as early as this fall, it would be helpful if the draft report at least acknowledged the habitat shift/loss which is not taken into account in UACE’s cost-benefit analysis.  Janet will discuss with PDT-Environmental biologist Donnie Faughnan.

The meeting ended abruptly at 4:33 when Karin’s power and internet cut out!  (Fortunately, both have since been restored in Yarmouth.)

END

07-01-24

USACE Section 206 Study Bi-Weekly Project Update

Present: Janet Cote, USACE Project Manager (remote); Thomas Mihlbachler, USACE Civil Engineer (remote); Karin Orenstein (remote); Michelle Cromarty (remote); Scott LaFlamme (remote)

• The Project Study Team was joined by Thomas Mihlbachler, who has completed the hydrology and hydraulic (H&H) analysis for the Section 206 Study. His work continues to be reviewed internally. Janet informed the Town that she expects the internal review of Tom’s findings to be finalized soon, at which point the USACE will share the H&H modeling with the Town and public. 

• Representatives from the Town encouraged the USACE to host an informational public meeting to share the H&H analysis findings, prior to the concurrent public review process. Janet will work with members of the USACE’s public affairs office to coordinate the public meeting in August. 

• Janet, along with members of the Project Delivery Team (PDT), continue to respond to questions from the public.

• As was discussed during last week's meeting, the USACE has agreed to move the release of the DPR/EA (Detailed Project Report/Environmental Assessment) and kickoff of the public comment period from August to September to provide more time to educate the community in advance, ensure that community questions are being answered in the DPR/EA, and have the public comment fall during a time when more people are available.  

• Members of the Project Study Team and Project Delivery Team (PDT) continued to brainstorm opportunities for enhanced public involvement leading up to the release of the DPR/EA and subsequent public review process. 

• The meeting concluded at 5:00pm.

END

06-25-24

USACE Section 206 Study Bi-Weekly Project Update

Date: June 25, 2024, 9:00am

Present: Janet Cote, USACE Project Manager (remote), Karin Orenstein (remote)

• USACE Project Manager, Janet Cote shared that US Fish & Wildlife (USFWS) had a successful visit to Middle Falls.  USFWS also visited the dams and was joined by members of the Project Delivery Team (PDT) who specialize in civil engineering and environmental resources.  USFWS will be providing a trip report to USACE which will summarize their findings. USACE hopes that it will receive that report in time to incorporate USFWS’s input into the draft Detailed Project Report/Environmental Assessment (DPR/EA).

• District quality review of the DPR/EA is ongoing.  It will be followed by Legal review.

• Janet is in receipt of and has reviewed the numerous questions collected by Karin at the last Town Council meeting and those forwarded to her by community members.  They discussed the need for the Town to increase communication over the summer and for the USACE to make sure that community questions are answered in the DPR/EA. They discussed the possibility of moving the release of the DPR/EA and kickoff of the public comment period from August to September to provide more time to educate the community in advance, ensure that community questions are being answered in the DPR/EA, and have the public comment fall during a time when more people are available.  

• Tom Mihlbachler’s hydrology and hydraulic (H&H) analysis is still being reviewed. Janet stated that it would cover the recreational impact upstream of East Elm Street and the impacts to Gooch Island and the channel surrounding it.

• The Project Delivery Team (PDT) will discuss whether ensuring flow of water around Gooch Island should be part of the Tentatively Selected Plan (TSP) or left for the Town to request as a Locally Preferred Plan (LPP).  

[Note to stakeholders:  Design & Implementation of the TSP through the USACE is funded 65%-35% (USACE-Town), while the difference in cost between a TSP and a more expensive LPP is funded 100% by the Town.  The Town can seek funding from other federal agencies for the Town portion of the Design and Implementation cost so long as the use of the other federal agency’s funds is authorized by law for this type of project.]

The meeting concluded at 9:43 am.

END

06-05-24

USACE Section 206 Study Bi-Weekly Project Update

Date: June 5, 2024, 3:00pm

Present: Janet Cote, USACE Project Manager (remote), Donald Faughnan, USACE Environmental Resources Specialist (remote), Karin Orenstein (remote), Scott LaFlamme (remote)

• USACE Project Manager, Janet Cote shared that the Project Delivery Team (PDT) is working hard to finalize the draft Detailed Project Report/Environmental Assessment (DPR/EA). The timeline for the concurrent review of the draft report, including the 30-day public comment period, is unchanged since the group’s last bi-weekly project update meeting (late July). 

• The Project Study Team was joined by Donald Faughnan (Environmental Resources Specialist) of the U.S Army Corps of Engineers. His team has scheduled a site visit with a fish passage engineer from the US Fish and Wildlife Service to evaluate restoration alternatives at Middle Falls. The on-site meeting is scheduled to take place next week. Donnie and the representative from the US Fish and Wildlife will be joined by other members of the Project Delivery Team (PDT). Janet has coordinated access to the site with direct abutters. 

• The Project Study Team continued to discuss possible abutters who the USACE should schedule a meeting with, prior to the release of the draft Detailed Project Report/Environmental Assessment (DPR/EA). Karin and Scott will assist in sharing contact information.  

• Results of the H&H model of the river must undergo review before the information can be released to the public. This review process is essential to ensure that high quality information is provided to the town, stakeholders and the public. Karin, Scott and Janet have all received concerns related to potential impacts to Gooch Island. Once the review has been completed, the USACE will be able to present the forecasts of potential impacts to the island. Internal review of the H&H modeling will begin in mid-June.  Janet estimated that the review will be complete, allowing the USACE to share the forecast with the public, in July (before the public in-person meeting about the draft DPR/EA).

• Karin shared concerns about the timing between the H&H modeling and release of the Tentatively Selected Plan (TSP) as there may not be enough time to incorporate the model’s findings into the TSP. Janet assured the Town that the DPR/EA is in draft form. Should public comments indicate a need to adjust the TSP, the TSP can be adjusted after the comment period. The Town could also choose to pursue a locally preferred plan.

• The Project Study Team brainstormed various ways to collect public comments during the 30-day concurrent public review process. Members of the Town Council will discuss this topic during their June 13th operations committee meeting. 

• Janet provided the Town with USACE guidance that describes the policy for using funding from other Federal Agencies as the non-Federal cost share match for the Design and Implementation phase of the project. 

The meeting was adjourned at 3:35pm.

END

05-20-24

USACE Section 206 Study Bi-Weekly Project Update

Date: May 20, 2024, 3:30pm

Present: Janet Cote, Project Manager (remote), Bill Mehr, USACE, Karin Orenstein (remote), Scott LaFlamme (remote)

• The Project Study Team was joined by Bill Mehr, (Realty Specialist, Real Estate Division) of the U.S Army Corps of Engineers. He and his team are tasked with developing a real estate plan for the Detailed Project Report/Environmental Assessment (DPR/EA). In preparation for the public release of the draft DPR/EA, the USACE has developed preliminary site plans for the three project sites identified in the TSP (Bridge Street Dam, Elm Street Dam, and Middle Falls). 

• Within the site plan material, the USACE have identified publicly and privately owned parcels that may be impacted during the proposed restoration work. Specifically, Bill flagged the town-owned and privately owned parcels that would need to be crossed, to facilitate construction activities at each of the three project sites. To allow access, the USACE will require a Temporary Work Area (TWA) easement, which limits access to the project duration. Bill continued by reviewing various other Corps-required land acquisition guidelines.

• Bill and Janet were clear that the project scope is limited to work that is necessary to facilitate increased fish passage and aquatic ecosystem rehabilitation. Removal of the existing penstock at Bridge Street and rehabilitation/demolition of the segment of dam at East Elm Street that was not included in the TSP would be outside of the project authorization. 

• Karin reminded Janet that the Town (and the abutters at East Elm Street) are waiting for Tom M.’s modeling of the impact of partial dam removal on water flow around Gooch Island. As discussed previously, the H&H modeling results will be made available as soon as the analysis has been completed. Additionally, the modeling information will be presented to private property owners whose property directly abuts the three project locations. Members of the Project Delivery Team (PDT) will hold an in-person meeting with abutters. That meeting will be limited to those who are directly impacted at any of the three proposed project sites. The date of the meeting is still to be determined, however, both Janet and Bill hope to align this discussion with the town-wide public meeting later this summer. 

• Janet shared several updates, including:

  • The Project Study Team is making progress with the U.S Fish and Wildlife Service, however, a site visit date has not yet been set.

  • The USACE is working hard to finalize the draft report. Due to an unusually high workload and the current field season, the project team will need an additional 1.5 months to complete the draft study report and the internal USACE review. Due to the intense interest in this study, the internal USACE review will be more rigorous than usual to ensure the quality of the report. The public review is now scheduled to begin in early August. The review will last 30 days, ending in early September. Due to this change, the public meeting will be scheduled for late July/early August to correspond with the beginning of the public review. No other changes to the schedule are anticipated, with the study being complete during the spring of 2025. 

The meeting was adjourned at 4:15pm.

END

05-06-24

USACE Section 206 Study Bi-Weekly Project Update

Date: May 6, 2024, 3:30pm

Present: Janet Cote, Project Manager (remote), Karin Orenstein (remote), Scott LaFlamme (remote)

• Members of the USACE Project Delivery Team are working toward completing the Detailed Project Report/Environmental Assessment (DPR/EA), which includes the Tentatively Selected Plan (TSP). The report still requires an analysis of fish passage at Middle Falls.  The US Fish and Wildlife Service has not yet performed a site visit.  

• Since the TSP was made public, Janet and the Project Delivery Team have been responding to messages from stakeholders. The questions have been process-oriented and did not address the TSP itself. The USACE project website has been updated to include the TSP presentation, a projected timeline of events and other information related to the study.

• Janet confirmed her availability for Thursday (5/9) evening’s Town Council special meeting. Details include:

  • The meeting will begin at 6:30pm in the Community Room at the Yarmouth Town Office.

  • Janet will participate virtually. Her presentation will consist of a 10-minute review of the process for identifying the TSP, which will include an overview of work to date, alternatives considered, the cost-benefit analysis applied to the various treatments and next steps for the Town Council to consider. The remaining time will be reserved for Town Council questions and comments.  

• Janet will give a similar presentation to the North Yarmouth Select Board during their May 21st meeting. Representatives from North Yarmouth expressed an interest in learning more about the project study/implementation timeline, impacts on water level and recreation, and details on how residents can share their thoughts. 

• Janet still anticipates that the USACE project report will be available for public review by late June. The 30-day public comment process will kick off with an in-person public meeting.  We are working toward a June 25th public meeting and are finalizing a location.  At that meeting, members of the Project Delivery Team will share their findings and receive feedback from the public. The USACE’s public comment period will be open for 30 days after the release of the report.

In addition to this public event, the USACE will be meeting on-site with impacted abutters. A specific date for site visits has not been determined but will likely occur in late June/early July as well. 

• The USACE’s Public Affairs Office is updating a fact sheet for the project to be shared publicly. In addition to providing information related to the study, it will also direct interested residents to the project website. Once completed, fact sheets will be available at the Yarmouth Town Office.  Karin reiterated the Town’s request that, for transparency, all questions to and answers provided by USACE since the February public meeting be listed in a FAQ section of the project website.

• Scott provided a brief update on potential impacts to Yarmouth Water District service mains. A resident from North Yarmouth had previously raised concerns related to YWD service lines that are submerged in the Royal River. After speaking with the District, it was determined that the service line in question is buried beneath the river and should not be impacted by reduced water levels. Scott will continue to work with the District as the project progresses. 

The meeting was adjourned at 4:25pm.

END

04-25-2024

USACE Section 206 Study "Tentatively Selected Plan (TSP) was presented to the Town officials: see Presentation to the Town of Yarmouth.

04-10-2024

USACE Section 206 Study Bi-Weekly Project Update 

Date: April 10, 2024, 1:30pm

Present: Janet Cote, Project Manager (remote), Karin Orenstein (remote), Scott LaFlamme (remote)

• Members of the USACE Project Delivery Team (PDT) are finalizing the draft Detailed Project Report/Environmental Assessment (DPR/EA), which includes the Tentatively Selected Plan (TSP). This work included a mandatory pre-brief meeting with members of the North Atlantic Division (NAD) of the Army Corps of Engineers, which occurred on April 9th. The pre-brief is a required step in the USACE process and is meant to identify questions/concerns to address prior to the final presentation of the TSP Milestone, which is scheduled for April 25th. Janet reported that this exercise went very well, and the Project Deliver Team (PDT) is on track to finalize TSP details in the next week. 

• As noted in an earlier update, at the conclusion of the April 25th presentation, Town representatives can disclose the TSP to the public, however, it’s important to remember that details may change up to, and until, the final report has been signed by the USACE. Public comments will be collected during the designated 30-day concurrent review period, which is expected to begin in June. 

• Janet also reported that a fish passage expert from US Fish & Wildlife (FWS) is scheduled to conduct a site visit to refine the design developed by the USACE that will allow for greater fish passage at Middle Falls. The USFWS’s insight and recommendations will be factored into the USACE’s cost-benefit analysis. 

• Dr. Haring (ERDC) has completed a draft report that describes existing geomorphic channel conditions and assesses potential changes to sediment production and transport if dams on the Royal River are removed or modified. The report is currently being reviewed by members of the Project Delivery Team and will be included in the final Detailed Project Report/Environmental Assessment (DPR/EA).

• Since the last bi-weekly project update meeting, Fire Chief, Mike Robitaille, and Scott LaFlamme contacted representatives from North Yarmouth to address community concerns related to water depths of the river, and potential impacts on dry hydrants used by the North Yarmouth Fire Department. Concerns were focused on possible impacts to ISO (insurance services office) ratings, which are tied into a community’s ability to effectively respond to fire emergencies and can impact fire insurance premiums for policyholders within 1,000 feet of an impacted dry hydrant. Members of the North Yarmouth Fire Department have been in contact with representatives from ISO, who have passed along their thoughts. 

• In hopes of tightening communication between the two communities and addressing ongoing, or future, questions, Karin and Scott are coordinating a meeting with representatives from North Yarmouth.

• Scott, along with the Town’s Engineer, Steve Johnson, are actively soliciting proposals from engineering firms to conduct an inspection of the two dam locations. The most recent inspection was completed in 2014. During this meeting, Town representatives learned that Janet does not believe an updated inspection report (and subsequent O&M estimation) is necessary for the feasibility phase. 

• Janet confirmed that the FAQ section on USACE’s project website would be operational in the very near future. 

The meeting was adjourned at 2:25pm.

END

03-26-2024

USACE Section 206 Study Bi-Weekly Project Update 

Date: March 26, 2024, 10:30am

Present: Janet Cote, Project Manager (remote), Karin Orenstein (remote), Scott LaFlamme (remote)

• Members of the USACE Project Delivery Team (PDT) have nearly completed the draft Detailed Project Report/Environmental Assessment (DPR/EA), which includes the Tentatively Selected Plan (TSP). As previously reported, the TSP Milestone is scheduled to take place at the end of April. There’s been a significant update regarding when details of the TSP could be shared publicly with the community. While the designated 30-day concurrent review process will still occur in June (projected), the New England District has determined that after attending the TSP Milestone in April, Town representatives can disclose the TSP to the public– with the understanding that things may change up to, and until, the final report has been signed by the USACE.

• The Detailed Project Report/Environmental Assessment (DPR/EA) is still firmly on track and will be completed within 30 days after the TSP Milestone to allow for the District Quality Control (DQC) to review the draft report. Members of the Project Delivery Team (PDT) are still awaiting results from Dr. Haring’s evaluation of the project’s influence on sediment transport from the impoundment above the East Elm Street Dam, including the tributaries south of the State Route 9 Bridge, which is anticipated in early April. As the USACE finalizes the cost benefit analysis portion of the TSP, members of the PDT are continuing to work with US Fish and Wildlife Service to determine the cost of mitigation at Middle Falls to ensure fish passage.  FWS has now committed to assisting with the Study and will be onsite in April.

• Karin raised several issues from the community:

• Karin requested clarification of the projected change in water level based on the current H&H model. Last March when Tom Mihlbachler presented the draft H&H model, the model predicted that the river impoundment above the Elm Street dam would drop 4-5 feet if the dam was removed.  Tom reported that the difference in water level between a dam vs. no-dam condition diminishes as you approach Baston Park. In our last biweekly summary, we reported that the H&H model shows that the drop at Baston Park will be 0-2 feet under "all measures and conditions." Janet confirmed that these statements are not inconsistent.

• Related to other potential impacts in North Yarmouth, Karin shared that she learned that some North Yarmouth residents are concerned with the availability of water for fire department use if the water level of the Royal River is lowered in the portion that flows through North Yarmouth south of Baston Park. We were not clear during the meeting about whether the concerns were associated with the Royal River depth or adjacent groundwater/aquifer levels.  After the meeting, at Scott’s request, Mike Robitaille, Yarmouth’s Fire Chief, reached out to the North Yarmouth Fire Department to learn more about potential impacts. 

• Karin also asked for an update on the FAQ page that is going to be on the USACE’s project website. The FAQ will include any questions from the public that were pending at the end of the February public meeting or submitted afterwards, along with answers.  Janet was working to finalize that addition. 

• Janet provided an update on the project budget and outlined the Town’s upcoming financial obligations as the project’s Non-Federal Sponsor. Costs associated with this project continue to be split 50/50 with the Federal government. 

The meeting was adjourned at 11:15am

END

03-11-2024

USACE Section 206 Study Bi-Weekly Project Update 

Date: March 11, 2024, 3:30pm

Present: Janet Cote, Project Manager (remote), Karin Orenstein (remote), Scott LaFlamme (remote)

• Members of the USACE Project Delivery Team (PDT) continue to work toward finalizing a draft Detailed Project Report/Environmental Assessment (DPR/EA), which will include the Tentatively Selected Plan (TSP), in preparation for the TSP Milestone in April. Janet outlined the upcoming timeline of events:

• April 2024: Members of the PDT will present the Draft Report and TSP to representatives at the North Atlantic Division (NAD) for their endorsement (the “TSP Milestone”). During this milestone meeting, the PDT will present the TSP and explain how the plan was developed. If questions or concerns are raised, the Draft Report will be further refined. Assuming the NAD endorses the TSP, the Draft Report will continue to the next step in review.

• May 2024: If the Draft Report is endorsed by the North Atlantic Division (NAD), it will be circulated to various New England District departments and agency counsel for a District Quality Control (DQC) review. This month-long process will result in a Draft Report that can be shared with the public. 

• June 2024: After the DQC process has concluded, the USACE will share the DPR/EA (including the TSP) with the public during a 30-day concurrent review process. At this point, the PDT will hold an in-person public meeting to share their findings, provide details on why the TSP was selected and allow time for questions and comments. It’s important to note that contrary to our prior understanding, the TSP will not be public information until the North Atlantic Division (NAD) endorses the TSP and the Draft Report has undergone the District Quality Control (DQC) review process.  Per the Project Management Plan (“PMP"), we expect the Draft Report, including the TSP, to be publicly available for review in June.  To be clear, the USACE is progressing in line with the schedule outlined in the PMP, but the April deliverable “Tentatively Selected Plan Briefing with NAD" is an internal briefing only.  The public notice, per the PMP, is scheduled for June.

• Other Items:

• USACE is still waiting for US Fish & Wildlife Service (“FWS”) to send a cost estimate for an expert to provide an updated opinion on fish passage at Middle Falls.  In the meantime, we have provided the USACE with a copy of the October 12, 2017, letter from FWS opining that "alternations to the ledge outcroppings and/or movement of large rocks . . . might be accomplished in 3 to 5 days by a small crew” at “relatively low cost.”

• The Town had previously asked about why the H&H model stops at Route 9 and whether there are any impacts further upstream.  Janet advised us that the upper limit of the H&H model is 750-feet upstream of Baston Park in North Yarmouth.  That area was selected as the upper limit for the Feasibility Study based on previous studies (primarily Stantec 2013), their findings, and data availability. Specifically, the Stantec 2013 hydraulic model & report indicated that modeling up to State Route 9/Baston Park vicinity should capture most of the impacts. In addition, the State Route 9/Baston Park vicinity is the upstream limit of the available, detailed channel bathymetry.  Currently, the draft result of the hydraulic modeling indicates that the maximum drawdown near the Route 9 bridge could be approximately 2-ft, during “normal” annual median flow conditions, with less impact during higher flows or flooding. Thus, it’s expected that impacts in the stream reaches upstream of State Route 9 will be similar or less than a 2-foot drawdown for all measures and conditions.

• The Town had previously asked which tributaries Dr. Haring (ERDC) was investigating and whether sediment from those areas had been samples.  Janet responded that Dr. Haring is interested in evaluating the influence of tributaries south of the State Route 9 Bridge on sediment transport.  Dr. Haring has not completed his report. Regarding the need for additional sediment sampling upstream of the East Elm Street Dam, USACE feels that sufficient samples have been collected above the East Elm Street Dam to characterize the upstream sediments in support of the project. Their recent sampling and testing efforts in conjunction with historic efforts performed by others enabled us to reach the following conclusion in their 2024 data report: 

• Based on the compounding lines of evidence presented in this report including the environmental setting, bulk chemical concentrations, and volumes of material that might be mobilized and transported downstream, USACE finds that the sediments from the study area pose minimal potential risk to the marine environment in the Royal River estuary and Casco Bay under any of the proposed restoration project alternatives. 

• No additional sampling and testing work will be planned unless there are significant changes within the river system such as introduction of new/additional contamination point sources, or a significant change in the volume of material that has accumulated behind either of the dams.

• Karin asked whether any impediments to fish passage upstream (beyond Route 9) would be calculated in the cost benefit analysis. Janet shared that while the entire waterway was included in the Federal Interest Determination, the cost benefit analysis will only consider the benefits of a free-flowing river where it is now impounded by dams. The potential number of fish that could move upriver is used as a proxy for river health. The potential need for further improvements to fish passage upstream plays no role in the cost-benefit analysis that underlies the TSP decision.  

• We also learned that total project costs, for the purposes of the cost benefit analysis, only include expenses that would be part of a project subject to a 35/65 split between the Town and USACE.  It does not include the Town’s operating and maintenance expenses (“O&M”) for any of the options under consideration, because O&M is the responsibility of the Non-Federal Sponsor.  For example:  the “no action” option will be treated as having no associated project costs even though the Town would continue to fund the maintenance of the existing infrastructure and is at risk of liability should someone walk out on a structure and get hurt.  Likewise, for the fish ladder only option, the project costs of the Town maintaining the dam to preserve adequate flow for the fish ladders will not be included as a project cost.  Future O&M costs are a significant concern of the Town. These costs, along with other considerations such as safety, will be addressed in the Draft Report and can be used to help justify the USACE choosing a particular plan as the TSP. The Town will need to review the Draft Report carefully to determine whether it accepts the TSP or will request a Locally Preferred Plan.

The meeting was adjourned at 4:15pm

END

02-27-2024

USACE Section 206 Study Bi-Weekly Project Update

Date: February 27, 2024, 2:00pm. Present: Janet Cote, Project Manager (remote), Karin Orenstein (remote), Scott LaFlamme (remote)

Members of the USACE project team are steadily making progress toward finalizing a draft Tentatively Selected Project (TSP) report. Given their current timeline, Janet, Karin, and Scott reviewed upcoming milestones:

• Janet reported that her office has been in contact with the Army Corps’ North Atlantic Division (NAD) to schedule a TSP Milestone. For this study, NAD has the decision-making authority. The purpose of the TSP Milestone is to ensure:

• The TSP has been properly formulated;

• Legal and policy issues have been identified and determine how to resolve those issues; and

• USACE has concurrence from the decision maker on the TSP.

• The goal of the milestone is to receive approval to complete the draft feasibility report and to move into the concurrent review process. The TSP Milestone is tentatively scheduled for late April. 

• Prior to the TSP milestone, the USACE will present the TSP to the Town representatives on the Study Coordination Team. The Town could request a Locally Preferred Plan if we wish to pursue a plan different from the TSP. Janet is looking into the timeframe for requesting an LPP (if necessary).  

• Once the TSP Milestone has been completed and NAD has provided their approval to move forward, the study team will complete the draft feasibility report. The report will then be reviewed internally by the New England District. After the review has been completed, a 30-day concurrent review will begin. As required by the National Environmental Policy Act (NEPA), the public, stakeholders and resource agencies will be invited to review the report and provide comments. Janet believes we are on track to begin the public review process this summer, consistent with the Project Management Plan. 

Other project updates offered by Janet included:

• Dr. Haring, of ERDC, is finalizing his analysis of tributary impacts and upstream sediment mobilization. His findings will be included in the draft TSP report. 

• Karin noted that if the tributaries under consideration are north of Yarmouth, and Dr. Haring believes that sediment will be mobilized, we will need to engage with neighboring towns and collect data on sediment.  Janet will check whether the tributaries Dr. Haring is looking at are north of Route 9 (where the H&H model currently ends) and whether sediment in these areas has already been assessed.  Janet will check with Tom M. regarding why the H&H model stops at Route 9 and whether there are any impacts further upstream.  We also discussed consideration of and engagement with upstream communities who may be impacted by decreased water levels and/or other potential impacts. 

• As a result of the most recent public meeting, the USACE team has uploaded the presentation slide deck and recording to the project website. They’re continuing to finalize an FAQ document, which will include a posting of questions raised in the chat but not answered during the public meeting and/or submitted by email following the event.

• We discussed the Clark property abutting the Elm Street Dam.  The Corps plans to meet with all direct abutters once the TSP has been identified to discuss their concerns. 

The meeting was adjourned at 2:46pm

END

02-13-2024

USACE PUBLIC VIRTUAL MEETING FOR THE ROYAL RIVER SECTION 206 AQUATIC ECOSYSTEM

Meeting Highlights:

1. US Army Corps: "Study area sediments [from the Royal River] pose minimal potential risk to the marine environment in the Royal River estuary and Casco Bay under any of the proposed restoration project alternatives."

2. US Army Corps: "The findings of the [sediment probing] effort were consistent with the Oct 2023 sampling effort in that the river bottom has little to no soft sediment and consists of bedrock/cobble. When soft sediment were present, they were mostly found along riverbanks." 

3. USACE will hold an in-person public meeting in April to discuss their Royal River restoration recommendation—aka "Tentatively Selected Plan" (TSP).

Final Report (Jan 2024): https://drive.google.com/file/d/1pXBIMNqndqtB9i6eltvc6eaofTj3Pv0R/view?usp=sharing

Meeting Recording (Feb 2024): https://www.nae.usace.army.mil/Portals/74/docs/Topics/RoyalRiver/Royal%20River_Yarmouth%20Maine%20Public%20Meeting_20240213.mp4

Meeting Slides (Feb 2024): https://www.nae.usace.army.mil/Portals/74/docs/Topics/RoyalRiver/USACE_Royal%20River%20Section%20206_Public%20Meeting_Slides_Feb2024.pdf

END

02-05-2024

US ARMY CORPS OF ENGINEERS 

PUBLIC NOTICE OF VIRTUAL MEETING FOR THE ROYAL RIVER SECTION 206 AQUATIC ECOSYSTEM RESTORATION STUDY YARMOUTH, MAINE 

Interested parties are hereby notified that the U.S. Army Corps of Engineers (USACE), New England District, will host a virtual public meeting to provide an update on the Royal River Section 206 Aquatic Ecosystem Restoration Study in Yarmouth, Maine. The virtual meeting will be held on Tuesday, February 13, 2024, at 6 p.m. EST. 

The meeting can be accessed via WebEx at https://usace1.webex.com/join/cenae-pa , or join by phone at 1-844-800-2712 (U.S. Toll Free) or 1-669-234-1177 (U.S. Toll) and use Access code: 199 945 8471. 

The information about the meeting and the feasibility study, and recordings of the meetings (when available) can be found by visiting: https://www.nae.usace.army.mil/missions/projects-topics/royal-river-aquaticecosystem-restoration-study/ 

Questions and comments on the project and meetings can be submitted by mail to the attention of Janet Cote, USACE, Planning Division, 696 Virginia Rd, Concord, MA 01742 or emailed to RoyalRiverYarmouthME@usace.army.mil.

END

Announcement pdf file: https://drive.google.com/file/d/1BnXXqYdiEc4fCN8zG-cmB3RD9vTWZJ0D/view?usp=sharing

01-29-2024

Meeting Notes: Update Meeting with Janet Cote, Project Manager for the ACOE Section 206  study of the Royal River, Monday, January 29, 2024, at 3:00 PM (With scheduling follow-ups).  Present (all remote): Janet Cote, Nat Tupper, Karin Orenstein, and Scott Laflamme. 

Janet Cote provided the following status updates: 

Work is proceeding with all aspects of the study pending a consultation with the US Fish and  Wildlife Service regarding recommendations on if/how any interventions to further improve fish passage through the Middle Falls area. Work is moving forward on pace regarding the cost engineering estimates for removals and/or fish ladder modifications, and whether any such changes would be better considered and designed as a mitigation (follow-up) action. Also, work is continuing to complete analysis and reports other aspects of the assessment of options.  

The Corps is considering gathering additional information on prior dredge maintenance projects undertaken by commercial interests in the Royal River (in recent decades).  

Discussion followed on the timing and format of the public presentation tentatively planned for mid-February. The intent was/is to have the Corps host a public informational session to  provide the public with information on the progress and purpose of the study and lay out the  reporting and decision process going forward. The Corps’ plan has been to hold this as an on line (remote) informational session, with an opportunity after the Corps’ presentation for the  public to submit questions via chat or text to which members of the Corps’ Project Delivery  Team might be able to respond. 

Based on the conversations and the requests of some stakeholder, that plan has now been modified as follows:  

Monday, Feb 12th: Ben Loyd and Byron Rupp will schedule an in-person consultation with the Royal River Marina and Boatyard operators to discuss the project, and the concerns they each have relative to dredging and navigability issues, and hear other concerns they may wish to share about the challenges to their work relative to the role of the Corps. They will share and explain the preliminary indications of the sediment data and will listen to the marina’s concerns.  

Tuesday, Feb 13th: The Corps will hold a virtual public meeting, where all of the stakeholders and public will be invited to attend (log in). The entire PDT will be asked to be available on-line. The Corps plans on scheduling the evening meeting for 2 hours and will review what the Corps’ role is and what the elements and goals of the 206 Study are, and where we stand now relative to the project timeline. We anticipate there will be the ability to send in questions using the chat feature that Team members may be able to answer or consider. The current plan is that the Corps preliminary findings and recommended Tentatively Selected  Project will be recommended and reported around April 2024, with another public forum in an in-person format at a Yarmouth/local venue.  

The Town Council would thereafter consider the preliminary findings and Tentatively Selected Project and could either agree or petition the Corps to select a different “Locally Preferred”  from the available options. Thereafter, the Corps would proceed with the Tentatively Selected Project and the Locally Preferred Project (if different) through the remainder of the project.

Nathaniel J. Tupper/Town Manager 

January 30, 2024  These notes may be shared.  

Additional Explanatory Notes/Excerpts of the Project Schedule MP follows for reference only. NOTE: The 206-study process can be a bit difficult to follow sometimes, and we are moving toward a milestone point in the coming few weeks and months, so I’m pasting below some excerpts from the Project Management Plan that was circulated last year. I hope you find it helpful to remember or understand where we are in the process of the investigation.  

The next public briefing, tentatively scheduled for Mid-February 2024 (in whatever format/ venue is determined) will be a progress report and sharing of the work to date, as well as to explain the next critical steps.  

In April 2024 (or thereabout) the Corps is scheduled to issue a preliminary Detailed Project  Report and Environmental Assessment (DPR/ EA). That will be presented to the Town Council  and to the general public (date, format, etc. tbd). Current expectations are that the presentation will be an in-person presentation in a local public forum. The DPR/EA will include the Corps’  “Tentatively Selected Project” (e.g. dam removals(s), fish ladder replacements(s), do nothing, or some combination). The Town Council will need to deliberate and decide whether to have the Corps proceed with its Tentatively Selected Project (PSP) or to petition the Corps to consider a different “Locally Preferred Option”. The Corps will proceed to complete the Feasibility Phase of the Study on the Tentatively Selected Project (or the Locally Preferred Project if the request is approved). That completion of work is expected to take until about May of 2025 to complete.  

NJT: 1-30-24

Project Management Plan (PMP) Excerpt: Required Project Study Output: 

The required outputs of the feasibility study are an approved Integrated Detailed Project Report and Environmental Assessment (DPR/EA), including signed Finding of No Significant Impact (FONSI). The report will document the assessment of a narrow range of feasible alternatives and selection of a recommended proposal that meets the Section 206 authority criteria, is feasible, cost-effective, and is within funding constraints, and where real estate interests can be readily obtained by the sponsor. Cost-effectiveness is measured by a quantified output of environmental  benefits that an alternative may generate compared to the project cost to design and construct that alternative. The DPR/EA will document compliance with environmental requirements and will include coordination with Federal and state agencies. Feasibility analysis in the report will include assessment of real estate acquisition and access, feasibility-level cost estimate of a small range of alternatives (assume two plus the no-action), quantified ecosystem restoration benefits, environmental impacts, and ability to be permitted. The DPR/EA will refer to (without replicating effort) previous studies along with their associated documents. 

The PDT (Project Design Team) will undergo planning steps including problem identification and project purpose, inventory and forecasting conditions, alternative formulation and evaluation, benefit and cost analyses, and alternative comparison. Then the PDT will select a proposed alternative that meets the project purpose and is cost effective in providing ecosystem restoration benefits. This proposed alternative, known as the tentatively selected plan (TSP), will then be reviewed in a joint USACE New England District and North Atlantic Division (NAD) meeting for NAD approval to proceed to completion of the draft DPR/EA for technical review and public review.  

Once the draft DPR/EA is completed, the report will undergo a District Quality Control (DQC)  review at the USACE New England District, and the PDT will edit the draft report based on the  review. All functional elements from which staff is assigned to the project are responsible to assign staff for the DQC review and will certify that the work is accomplished consistent with the District’s Quality Control Plan (QCP). Then the DPR/EA will undergo an Agency Technical Review (ATR), USACE NAD review, and public review through public release of the draft report.  

An ATR is undertaken to "ensure the quality and credibility of the government's scientific  information" in accordance with this policy and regulations. This level of review will also cover any necessary National Environmental Policy Act (NEPA) documents and other environmental  compliance products. An ATR is mandatory for all decision and implementation documents.  

The PDT will address the various review comments and revise and complete the final DPR/EA  along with a FONSI. The USACE New England District will then submit this package to the  USACE NAD, followed by signature by the New England District Engineer, for approval to proceed to the next project phase – design and construction (DI) phase. 

The success of the project is highly dependent on the PDTs communication and cooperation.  Each member of the PDT (both team members and sponsor representatives) provides information and support that is essential for the project. Each project has a unique set of goals, challenges, and constraints that determine the importance of each team member’s role. General descriptions of team member responsibilities are also available in the CAP Programmatic PMP.

.

END

01-17-2024

Meeting Notes:  Update Meeting with Janet Cote, Project Manager for the ACOE Section 206 study of the Royal River.  Wednesday, January 17, 2024, at 11:00AM. Present (all remote): Janet Cote (USACE Project Manager), Nat Tupper (Town Manager), Karin Orenstein (Town Councillor), and Scott LaFlamme (Yarmouth Assistant Town Manager).

Janet Cote provided the following status updates:

Ben Loyd is finishing his report on sediment testing results and will release that after an internal quality review.  He has indicated that the results overall are “clean” with no finding of mercury from the area previously discovered by Stantec (or elsewhere), and the PAH’s detected by Stantec (below threshold levels of concern concentrations) are still detectable but at even lower concentrations and would not be a permitting barrier for dam removal or dredge projects.

Tom M. (Mihlbachler) was able to incorporate Stantec’s recent probing data into the H/H model.  The data  supports the observation that the river is regularly scoured out to bedrock and little sediment is being held or settled behind the dams, except at riverbanks (the edges).  

Dr. Haring (ERDC) met with the Corps to discuss his findings from the site visit that was completed in November 2023. He is currently writing a report to describe his findings regarding sediment transportation in the Royal River. His observation was to the effect that conditions upstream of the Elm Street Dam (shallow soil layer or lack of soil, with exposed bedrock) are conducive to safe dam removal relative to downstream sediment impacts.  

Dr. Haring did anticipate a recreational impact: Because the H/H model anticipates the normal low water levels upstream of the Elm St dam will drop by about 4 ft with dam removal, river flow conditions will change recreational choices (with more shallow fast flowing areas and less deep flat-water area. This would support canoe and kayak recreation but not larger boats/rafts.   

Dr. Haring will plan to revisit the site in better weather conditions to do additional assessment of tributary conditions and contributions, to project what impacts, if any, will be  relative to mitigation measures that might be planned such as plantings and tributary bank stabilization.  Dr. Haring anticipates it would likely take 5-10 years for the revised equilibrium condition of the riverbanks and tributaries to re-establish. Final design and implementation of tributary impacts mitigation measures, if needed,  would be in the final Design and Implementation Phase (if action after the Feasibility Study/Permit Phase is advanced). 

The Construction/Civil Engineering team are putting together preliminary design and cost options for 4 alternatives that include the replacement of the fish ladders (with retention of the dam) and removal of both the dam and fish ladder at both the East Em Street and Bridge Street sites. The no action alternatives will also be evaluated in the cost-benefit analysis. 

Donnie F. will be assessing the environmental and habitat restoration impacts and benefits of each alternative.  Habitat benefits are broadly viewed, but there is a particular interest in fish passage outcomes.  {Note: Costs and Benefits consider a wider set of considerations including but not limited to water quality, temperature, aeration, recreational/cultural/historic impacts, O/M costs, flood, infrastructure, scour, safety etc.}

During the on-site Coordinated Site Visit with the resource agencies, which occurred in November 2023, the USFWS and National Marine Fisheries Service expressed concerns about fish passage at Middle Falls. The USFWS has been asked to consult with the Corps on developing options that would increase fish passage through Middle Falls. A separate (add-on) cost will be estimated for any modifications or actions recommended by the USFWS relative to Middle Falls and the back channel around Factory Island to encourage/assist some fish species movement.

Janet will follow-up with the Town on the quarterly project financial status and non-federal share requirements anticipated through September 30, 2024 (the end of the Federal Fiscal Year)  

The group discussed a public presentation of findings and progress to date to be made by the Corps in mid-February and tentative dates were proposed.  Janet will check with the Public Affairs Office on the dates and format, but we anticipate a remote access presentation with opportunities for the public members to be recognized to ask questions and/or to submit questions online during the meeting.  Janet will circle back once she can confirm the availability of date(s) and presenters so the Town can give notice to the public.  

END

12-18-2023

Meeting Notes:  Update Meeting with Janet Cote, Project Manager for the ACOE Section 206 study of the Royal River.  Present (all remote): Janet Cote, Nat Tupper, Karin Orenstein, and Scott Laflamme.

Work is proceeding but the Corps is waiting for data in four areas of investigation:

1. ERDC (USACE- Engineer Research and Development Center) assessment of conditions and sediment mobilization issues. The expert from ERDC (Dr. Haring) visited river and will prepare both a short narrative impressions summary and a fuller, more detailed,  report to follow.

2. Sediment quantification. Stantec did conduct the sediment probing work on Dec 15 and raw data will be sent to the Corps for review and assessment.

3. Fish passage. The Corps has asked the US Fish and Wildlife Service to participate in the study relative to assessment of any need and design for fish passage strategies through or by relevant river segment (Bridge St to Elm St) and particularly at Middle Falls for different fish species. Janet will review time and cost issues relative to the engagement of the fish passage expert(s) and will provide the Town guidance as to the impact on the overall cost-benefit analysis that the Corps will prepare for the various options.   

4. Sediment quality assessment.  Lab results of the sediment sampling work- lab work is in queue, but no information is available at this time as to expected delivery date.

While waiting, engineering is working on design plans (and cost estimates) for full and partial dam removals.  And cost/benefit assessments are being outlined relative to overall aquatic restoration goals, safety and O&M costs for the current structures.  

END

12-04-2023

Meeting Notes:  Update Meeting with Janet Cote, Project Manager for the ACOE Section 206 study of the Royal River.  Monday December 4, 2023, at 3:00 PM Present (all remote): Janet Cote, Nat Tupper, Karin Orenstein

The Coordinated Site Visit was led by Donnie F.  Tuesday, Nov. 7 for State and Federal review agencies went well.  In addition, officials from the ERDC [Engineer Research and Development Center for the USACE] visited the area river and tributaries to look at the issues of sediment transport.  Further review of Middle Falls fish passage challenges, if any, remains a part of the assessments and any future cost-benefit analysis of options.  

Lab results for analysis of sediment samples taken by Ben Loyd are still not back yet.  Janet was not able to get an estimated delivery date update.  As reported before, once the lab results are back Ben will review and assess any findings and implications and we will schedule a virtual public presentation.  It is evident that it will not be prior to Christmas.  

Since the last report, Nat has contracted with Stantec to gather additional sediment profiling as requested to provide raw data to the Corps to input to the H/H model.  The Corps confirmed that this expense will be eligible as a Work-in-Kind expense and therefore a credit against the Town’s cost share.  Work will be done as soon as river conditions permit it to be done safely. 

Janet was reminded to inquire about the prior sampling results period of validity in review and permitting standards.   And Nat drew the Corps’ attention to questions of current dam structural stability with respect to apparent movement of stone blocks at the Elm Street dam. A request was made to bring the information presented in the New Meadows proposal to the attention of the design/engineering teams who are working on designs for full or partial removal of the dams as possible options. 

END

11-27-23

Meeting Notes: Update Meeting with Janet Cote, Project Manager for the ACOE Section 206 study of the Royal River.  Present (all remote): Janet Cote, Karin Orenstein

Janet Cote has returned from a brief leave and sought updates from team members.  Some team members have not yet provided updates as they have been out of the office for the Thanksgiving holiday since Janet’s return.

Ben Loyd advised that the lab processing the sediment samples is delayed well beyond the 30-day estimate for turning around results. The lab now expects results in “early December.”  As Ben will need time to review and analyze the lab results before a public meeting, and we will start getting into December holidays, it is not likely that we will be able to hold a public meeting about the sediment testing until January.  The ACOE Public Affairs Office (PAO) advised Janet that Tuesday evenings tend to work well for public meetings, so we “lightly penciled in” Tuesday, January 9th in the early evening for the public meeting.  As Ben’s ability to report on the results depends on receiving them, we will wait to officially select a meeting date until he receives the lab results.  The meeting will be virtual and moderated by PAO staff.  The PAO will also advertise the meeting in advance. 

The engineering team has been working on alternative designs for river restoration projects at each dam.  For each dam, they are creating designs for (1) full dam removal and (2) partial dam removal.  A third option, (3) fish ladder restoration, is being investigated by Donnie (ecologist) with input from FWS. So, for each dam, there are three options being designed plus the no-action option, which does not require a design.  All of these will be subjected to a cost-benefit analysis. For non-math folks, that’s 16 permutations – four options for dam #1 x four options for dam #2.  Full dam removal means removing all rocks or concrete down to the shoreline.  Partial dam removal means removing rock in the water, but leaving some elements of the original dam.  For example, partial dam removal at the Elm Street Dam could involve removal of the rocks on the right-descending bank, but leaving rocks in place on the left-descending bank where there is less flow.  

The cost-benefit analysis will also need to take into account factors that don’t easily lend themselves to having assigned dollar values.  For example, partial removal of the Bridge Street dam could have a similar cost-benefit analysis as full removal, but full removal may be preferable because there may be safety concerns if we leave partial structures in place.  It’s Janet’s task to see how factors like safety are included in the analysis.

Other teams are waiting on work currently being completed.  For example, the team handling the cost-benefit analyses will rely on the engineering team designs, Donnie’s model of costs and benefits, the sediment sample lab results, etc.

ERDC completed its field work and Tom M. (water modeling) is in contact with them.  ERDC is studying sediment transport and re-deposition at no extra cost to the Town.

ACOE reviewed two proposals the Town received for sediment transect probing to determine the amount of sediment at various cross-sections of the river.  Karin noted that Nat is in the process of hiring Stantec and that there may be some delays in performing the work because of recent and upcoming rainstorms that raise the water level.  The Town’s payment for this analysis is considered “work in kind” that is credited to the Town under our contract with ACOE.  Estimating the amount of sediment is relevant to the cost-benefit analysis, as is the sediment testing being done in the lab.  If the sediment lab results show the sediment is clean, it will be easier and less expensive to remove and dispose the sediment upland.  The amount of sediment necessarily impacts these costs as well.  

END

11-06-23 

Meeting Notes:  Update Meeting with Janet Cote, Project Manager for the ACOE Section 206 study of the Royal River, along with Byron Rupp, ACOE.  Present (all remote): Janet Cote, Byron Rupp, Nat Tupper, Karin Orenstein

The Coordinated Site Visit will be led by Donnie F.  Tuesday, Nov. 7 for any State and Federal review agencies.  It is still planned (subject to confirmation) that Tom M. will meet with ERDC on site to look at the river and tributaries to assess sediment transport and redeposition issues.   

Lab results for analysis of sediment samples taken by Ben Loyd are not back yet.   Once they are back Ben will review and assess any findings and implications and we will schedule a virtual public presentation.  At the presentation, the Corps will provide a summary of the sampling locations and how/why they were selected along with a summary of the findings.  The Feasibility Study, which will be issued later, will provide full details and supplemental data tables as well as an explanation of the findings. 

Janet will inquire about the time period of testing results (how long are current and prior samples and findings considered valid?) for the purposes of permitting in the event that sediments and/or dam removal are recommended.  

The request for addition sediment profiling by the Town was more extensive than anticipated, so Nat had reached out to Stantec and to New Meadows Environmental LLC  to seek a proposal to perform the additional profiling work as requested to provide raw data to the Corps to input to the H/H model.  It is anticipated that this will be Work-in-Kind eligible expense (i.e., credit the Town’s cost share).  Nat is waiting for a proposal (s)).  

Janet provided future cash flow estimates as requested.  

Regarding scheduling the public presentation about the sampling, all agreed that Ben Loyd needs whatever time is necessary to complete his review and make findings, after which a public presentation would be welcome.  If the schedule pushes up against Thanksgiving week, we would delay the presentation until early December, date tbd.  

10-12-23 

From Nat Tupper’s (Yarmouth Town Manager) Notes on Meeting with USACE. Present: Jane Cote (USACE Project Manager), Nat Tupper, Karin Orenstein (Yarmouth Town Council) 

Ben Loyd (USACE) collected Royal River sediment samples the week of October 2 and those have been sent to the lab for analysis—about 30 days for test results. The Town requested a map of actual sampling locations be sent as well. 

The town requested a video session (with public engagement) for the Corps to share findings on this aspect of the work in progress in the week of November 27- Dec 1 if findings are ready and the schedule permits; or early December if more time is needed. 

A meeting between the 206 Project Delivery Team (PDT) and the ERDC [U.S. Army Engineer Research and Development Center] had been held this week and plans were being formulated and schedules coordinated for the ERDC to do its site visit in early November. The ERDC will look further at issues and data related to physical sediment and river conditions as well as adjoining tributaries. 

The Corps is preparing a request for the Town to do additional probing of material/river conditions just upstream of the Elm Street dam to confirm or correct assumptions and understandings of the amounts and locations of fine-grained sediment as well as large cobble, gravel, or ledge bottom. This will help with cost estimating for removal and upland disposal of sediment before any work is done. 

Janet will check back with Tom M [Tom Mihlbachler, USACE H&H Engineer] for a status update regarding the completion of the H&H modeling, subject to QA/QC review and verification. 

Nat reported on findings related to ownership of the penstock with the mill owner and adjoining property owner. 

The Town has contracted for engineering work to understand what action may be required regarding the granite block retaining wall at Grist Mill Park. It is understood that work on the dam(s) or fish ladder(s) upstream would have no impact on the wall and is not part of the 206 or Army Corps work. But the Town needed to have a structural assessment completed for public safety. 

The group revisited and reaffirmed a prior understanding that in addition to dam removal (or not) options, that partial removal or modification of either or both dams and/or fish ladders could be considered if such option are effective at achieving habitat/aquatic restoration results, but all options are subject to determinations on a host of other important considerations including, but not limited to engineering/structural concerns, costs, aesthetics, historic references/preservation, public safety, impacts on and preferences of abutters, wetland and aquifer impacts, flooding and scouring concerns, recreational values, etc. The feasibility study is intended to identify and evaluate best options. 

The Coordinated Site Visit of review agencies is still to be rescheduled- probably in November when more agencies can attend, and, in particular the NMFS [National Marine Fisheries] and the USFW [US Fish and Wildlife] staff. 

We confirmed through Janet that the Aquatic Restoration (206) Study is maintaining close contact with the navigation division so that whatever action may be taken (if any) for restoration may be anticipated and coordinated with navigational maintenance.

Janet had sent a quarterly financial statement (federal and local funds drawdown statement) on the feasibility study to date and will provide us a future cash flow estimate soon. 

END

9-27-23 

From Nat Tupper’s Notes on Meeting with USACE. Present: Jane Cote, Nat Tupper, Karin Orenstein (Yarmouth Town Council), Heather Abbott (Yarmouth Town Council) 

Janet Cote reported that Ben Loyd will visit next week to get sediment samples to test for pollutants in the Royal River. An updated sediment testing plan/map will be provided to the town. Janet’s expectation is that getting sample test results back from the labs generally requires about 30 days and thereafter Ben will need some time to review and consider those lab findings. 

The ERDC (USACE Engineer Research Development Center) will be providing an assessment of sediment mobilization issues. No date was provided for when the assessment will be done. 

Donnie Faughnan will lead a Coordinated Site Visit team (representatives of review and advisory agencies) to familiarize them with the sites. 

The Corps’ Public Affairs Office staff will take the lead on scheduling, planning and moderating a public informational session which will be in the evening and by remote access. But not during Thanksgiving week. 

END

9-11-23 

From Nat Tupper’s Notes on Meeting with USACE. Present: Janet Cote, Nat Tupper, Karin Orenstein (Yarmouth Town Council), Heather Abbott (Yarmouth Town Council): 

Members of the Project Delivery Team (PDT) visited Yarmouth on the morning of Sept. 6 and walked to view the East Elm Street dam, fishway, History Center, and St Lawrence and Atlantic trestle, Middle Falls, Beth Condon pedestrian bridge, Route 1 bridge, Bridge Street dam and fishway. The team drove to Grist Mill Park to view the falls and crossings, and then to the Harbor, MCRR trestle at Sligo Road, and finally Baston Park in North Yarmouth (at Route 9). USACE Team:Janet Cote – Project Manager/Planning, Parker Murray – Economics, Donnie Faughnan – Environmental, Grace Moses – Environmental, Tom Mihlbachler – H&H Engineering, Matt Fleming – Geotechnical Engineering, Marc Paiva – Cultural Resources, Kevin Hebard – Civil Engineering, and Mike Andryuk – Structural Engineering TOWN: Nat Tupper, Karin Orenstein, Clark Baston (North Yarmouth DPW) 

A Coordinated Site Visit of the team is being scheduled for late October or early Nov. A public informational session is penciled in for early November if Ben Loyd has sediment sampling results analyzed by then. 

Janet will provide some cash flow/drawdown projections for future planning. Nat will inquire if any additional benthic survey data for the upper reaches of the impoundment has been done (in addition to the Stantec findings). 

END

8-28-23 

From Nat Tupper’s Notes on Meeting with USACE. Janet Cote (Project Manager for the USACE) and Nat Tupper (Town Manager) meeting: 

A virtual Agency Coordination Site Visit will be held Wed., August 29. Several State/Federal agencies are anticipated to check in, including USFWS, NMFS, USEPA, MEDOT, ME Dept. Inland Fisheries and Wildlife, Historic Preservation Offices (3), Native American Tribes/Nations (5). 

Janet confirmed that sediment sampling will be discrete (not aggregated) samples, and to the extent that there is layering of sediment in the samples (cores), separate analysis will be done for the various layers. Janet reported the Corps’ determination that additional sampling in the impoundments is not necessary based on the amount of testing and analysis conducted [are reported] in prior studies, and because of the high degree of transport of suspended fines over the dam (Bridge St). Except for areas immediately upstream of the Elm Street dam, additional testing above Elm Street is not needed. Sediment transported downstream to areas immediately upstream of the dam will indicate contamination, if any. She will send a map of proposed sampling locations. 

Janet will check back with Tom M (H/H Modeler) to give us a status update on completion of the draft model. Janet thought he may be only needing QA/QC review now, but she was not sure and will reach out to him. She was reminded that we are interested in five study findings related to the H/H model including: Scour, Flooding, Recreational Impacts, Archaeologic and Historic Resources, and Sediment Transport/Removal. 

Post Meeting Addendum Note from Janet Cote: “I spoke with Tom about your questions on the H&H modeling. The model will be finalized when we develop the Tentatively Selected Plan (winter 2024). With regard to the considerations below, the H&H model will help to inform Tom and other members of the team on the impacts of the alternative on these topics. And they will be addressed in the feasibility report. For example, #4 archeological/historical sites. The H&H model will provide a predicted level of draw down on the river at different flow levels for each alternative that we are considering. Marc will take that information, and with the data provided from the Maine SHPO, will describe the impacts of each alternative on those resources.” 

A stakeholder’s note of inquiry was forwarded to the Corps on August 18 includes a comment about ledge or other barriers to fish passage (other than the dams). That inquiry was acknowledged; the question is not new, and the Corps is aware of prior identification and projects associated with ledges and barriers (granite blocks). But the question was referred back to Donald Faughnan and the Project Team for consideration. 

We confirmed our intention to wait for sediment sampling test results and analysis to schedule a public virtual meeting to share the still early findings and work to date. 

Nat asked about removal of the penstock pipe which blocks access to the block retaining wall at 80 Bridge Street. We would like to determine if removal of the penstock can be incorporated into the project construction when/if any construction occurs which involves dam removal or alteration. Janet will review with the structural engineering and real estate team members. It is possible that it may have to be a 100% local sponsor project element, depending on whether or not its removal is deemed essential to the project scope.

END

8-14-23  

From Nat Tupper’s Notes on Meeting with USACE. Town of Yarmouth meets with Janet Cote (New USACE project manager) who conveys the following: 

USACE will set up a virtual meeting with federal and state agencies. 

2. A project management plan will be circulated to the project management team and town. 

Ben Loyd is scheduled to do sediment sampling in early September and Janet Cote (project manager) will confer with him to estimate a time schedule when testing results are returned and considered by the team. 

Results and analysis will take about 30 days after the samples are submitted, so Ben suggests a November public meeting if sharing that data is an objective. 

The sediment work will include grain size analysis of discreet samples i.e., sieve testing (not composite samples). Nat Tupper (Town Manager) reported that Maine DOT announced replacement of the Rte. 88 bridge over Royal River is now on their work schedule (2025/2026 constructions seasons) and suggested a contact with the engineering/planning teams of the ACOE and MDOT should be established so any design or potential construction activity is informed. 

END

4-4-23 

From Nat Tupper’s Notes on Meeting with USACE. New USACE project manager Janet Cote has been hired for the Royal River Restoration project (FID 206) Mr. Rupp’s (USACE interim project manager) understanding was that the sediment sampling and analysis was not part of Phase 1 but would be a part of a subsequent phase. However, since there is no Project Management Plan in place yet, the question is largely academic as there is no disagreement as to the need for the work to be done. The essential difference is whether or not the Town’s initial payment was intended to cover the local cost share or not. Mr. Rupp could not determine from the files how Kristine Reed (original Project Manager) had arrived at her cost estimates and in which phase of the study the various tasks were to be accomplished. The Cost-Sharing Agreement between the Town and the Corps does establish the total estimated project cost and local vs federal shares. We agreed that a detailed Project Management Plan (PMP) would have been helpful to clarify the steps, sequences, tasks, schedules and projected costs, and is the customary way that the Corps approaches these studies. END

3-17-23

RRA Summary of USACE Zoom PROGRESS REPORT to the Town of Yarmouth. March 17, 2023 (click VIDEO Link for the full meeting) Presented by: Tom Mihlbachler, Army Corps H/H Modeler, Water Resources Engineer and Byron Rupp (Interim Project Manager) 

PROJECT OVERVIEW (Byron Rupp, USACE Interim Project Manager, provided slides stating the following) 

1. Purpose of the project is to assess the removal of the two dams above head of tide on the Royal River owned by the Town of Yarmouth: Bridge St. dam and Elm St. dam, both dams have nonfunctioning fishways. 

2. Proposed feasibility study will develop an array of alternatives to support the fish passage restoration goals. 3. Alternatives could include: a. no action alternative make no improvements to the project area (fish barriers remain); b. dam/fishway removal, partial removal or modification of existing structures; c. new fish passage structures. 

RESULTS OF H&H MODELING (Tom Mihlbachler, USACE Engineer, said that these are draft modeling results, which have not been through a QC process and have not been finalized by USACE.) 

A. WATER VELOCITY: H&H Modeling shows water velocity and flow with and without dams. 

1. At the First Falls (Grist Mill) with and without the dams the [flow] images are almost identical and so we would not expect to see a scour concern during a 100 year storm. 

2. At the Bridge St. dam during a 100-year storm event without the dams, there is a significant increase in water velocity through the bridge site itself due to the narrowing and lowering of the floodplain through that area. The floodplain footprint within the impoundment with the dam in place is greater than without the dam. 

3. At the Elm Street dam during a 100-year event without the dams, there is an increase in flow around the dam itself and there is flow through the Foundry Channel. During “normal” events, flow through the Foundry Channel might not occur. 

B. RIVER ELEVATION: H&H Modeling shows river elevation with and without the dams 

1. River elevation change at low flow 35 CFS (e.g. September) without the Bridge St. dam is a decrease of 3 feet in its impoundment and without the Elm St. dam is a decrease of 4-5 ft in the Elm Street dam impoundment. 

2. River elevation change at 300 CFS (e.g. March): would be similar to without the dams. 

3. River elevation change during a 100-YR event (10,536 CFS) would be basically the same with and without the dam. (A 100-YR event = 1% chance of happening). 

USACE COMMENTS: (Byron Rupp, USACE Interim Project Manager) Bathymetry around the Elm St. dam is not complete. Additional probing behind the Elm St. dam is needed to find the sediment volume—dredging before the construction is possible. Rupp states there’s a lot of good literature on the sediment that we can use to inform the study. Bryon Rupp stated, “This spring USACE will work on site to collect the sediment data when it is safe to do so.” 

USACE PROPOSED NEXT STEPS (Byron Rupp, USACE Interim Project Manager)

1. Affirm the Town wants to move forward with the study 

2. Assemble project delivery team 

3. Develop project management plan 

4. Develop sediment analysis plan 

5. Establish regular check-ins with community.

END

2/17/23 

Nat Tupper (Yarmouth Town Manager) advises interested parties that the USACE H/H model presentation will take place via Zoom on March 17, 2023 at 10:00AM.

02/09/2023

TM Nat Tupper advises interested parties that there will be a presentation of the USACE’s draft H/H model in March 2023.

12/16/2022

Byron Rupp (interim project manager) advises TM Nat Tupper (Town Manager) that data for the H/H model has been collected, they are moving forward with modeling, and he will have an update in mid-January.

11/15/2022

In an email to RRA co-chair Christine Force, TM Nat Tupper reminds RRA that completing the H/H model doesn’t mark the end of the H/H study. USACE will still need to run the model “with various scenarios to understand impacts on a variety of potential concerns (scour, sediment transport, structural and historical considerations, habitat and fish passage, etc.)….”

~11/2022

USACE conducts bathymetry behind the Elm Street dam. The same team evaluates the harbor for dredging.

~10/2022

At the Maine Dredge meeting, as recorded in the meeting minutes, Dr. Christine Reed (project manager) says that the Yarmouth first phase of the 206 study was 85% complete.

~10/2022

During the fall Dr. Reed leaves, and Byron Rupp becomes interim project manager.

~9/2022

RRA learns from TM Nat Tupper that Dr. Reed (project manager) says the model will be done in a couple of weeks.

7/18/2022

Senator King's office (John Brady) responds to RRA that USACE stated that the work would be done in September and advises the RRA to wait.

7/12/2022

Disappointed by the lack of progress, the RRA sends a letter to Senator King's office.

~6/2022

During a telephone call with Nat Tupper (Town Manager) to discuss modeling progress, Dr. Reed (USACE project manager) says it will be done by August/September.

~6/2022

Dr. Reed (USACE project manager) does NOT update Town Manager Nat Tupper in May.

~5/2022

Nat Tupper (Town Manager) reports that USACE is reviewing the Stantec reports on its sediment study (as a replacement or preparatory work for USACE’s own, yet to be commenced sediment study?).

04/01/2022

During a telephone call with Nat Tupper (Town Manager), Dr. Reed (USACE project manager) advises that Tom Mihlbachler (USACE Engineer) is working on the H/H model and is dedicated to that project for the month of April. Dr. Reed will be away in April and will provide an update on the model and project status when she returns in May. Tom reported that so far all the data provided (e.g. the Stantec work) is aligning very tightly with the data and modeling work done by USACE which adds confirmation of the reliability of that work done. It appears that USACE did not take sediment samples before winter 2021-22.

11/2021

RRA is advised that USACE would aim to have their environmental sampling done before winter weather sets in.

10/2021

Dr. Reed (project manager) views the project as commencing in October (two months after contract is fully executed).

Although the Town of Yarmouth has requested a scope and schedule of work, neither is provided.

~8/2021

USACE signs the contract (two months after TC signs it).

~6/2021

Yarmouth Town Council signs the negotiated contract with USACE.

~2/2021

The USACE says the Town needs to contract for the full project.

Town attorney works with USACE to revise the contract wording to allow the Town to pull out of the program after Phase 1, per Dr. Christine Reed (project manager) representation. Resolution of this conflict results in a multi-month delay.

01/21/21

Portland Press Herald, 01-21-21. Yarmouth commits to studying removal of Royal River dams.

01/7/2021

TC unanimously votes to commit to USACE 206 Restoration Feasibility Study (Phase I) and approves funding.

During the public debate on the USACE 206 Restoration Feasibility Study (Phase I, Feasibility Study), various Town Councilors indicate support for removal of the Bridge Street dam, but agree to wait based on USACE’s representation that the Phase 1 studies – the results of which the Town would otherwise need to duplicate at its own expense – will be completed within a year. Marina representatives state they have no opposition to dam removal in principle but ask that their interests be taken into account and note that they trust the USACE to conduct proper testing.

01-07-21

Royal River Rod and Gun Club, 01-07-21. Letter to the Yarmouth Town Council in support of dam removal.

01-01-21

Royal River Alliance, 01-01-21. Letter to the Yarmouth Town Council Recommending to Enlist the USACE and Begin Bridge St. Dam Permitting. 

01-01-21

Maine Dam Removal Permitting Process, 01-01-21. Outline of permitting process for dam removal in Maine. 

12/10/2020

At a Town Council ops meeting, Dr. Christine Reed (project manager) made the following representations via zoom:

USACE is not fast or cheap, but they do cost sharing.

—A typical feasibility study is 18-36 months.

—It can take 3-5 years to complete a project with USACE.

—The Town could contract in phases with the USACE. Upon completing a contracted phase, the Town could choose not to proceed with remaining phases.

—The estimated full project cost is $660,000 (or $280,000 after $100,000 of federal funding and 50/50 cost-sharing of the remainder). This estimate is high because it covers all possibilities, including studies USACE would need to conduct if dam removal is not feasible. However, if initial hydrology/hydraulic (“H/H”) and sediment studies show that dam removal is feasible, any additional studies would become unnecessary and the total cost will be substantially reduced.

—This estimate does not include construction costs, which are shared 65/35.

—The first phase would consist of H/H and sediment studies and would be completed in approximately one year. The estimated cost for that is $180,000 or $52,500 with federal funding and cost-sharing. When that phase is completed, we will know if dam removal is feasible (which would obviate further studies and reduce the overall project cost).

—The USACE would not rely on the work of others (like Stantec) but instead will complete the project using its own methodology. This does not mean there was anything wrong with prior studies; USACE just does things its own way.

—The Town could contract with USACE to look at both dams and still decide to remove the lower dam while USACE is doing its work.

—The USACE “would never take a dam out and just [let] all the sediment behind it, just float down[stream]. It would kill everything, whether it was contaminated or not. We generally [de-]water the area, we dry it out and” remove the dry sediment “put it somewhere uplands, not in the water.”

12-03-20 

Royal River Alliance, 12-03-20c. Letter to the Yarmouth Town Council Regarding Reaffirming Recommendations.

11-10-20

USACE, 11-10-20. "Royal River Next Steps Q&A with USACE". Transcripts/Recordings  from a virtual meeting. 

10-25-20

Royal River Alliance, 10-25-20b. Letter to Yarmouth Town Council Regarding Recommendations on Bridge St. Dam Removal.

09-09-20

Royal River Alliance, 09-09-20a. Letter to the Yarmouth Town Council Regarding the USACE Federal Interest Determination Reports. 

08-06-20

Royal River Alliance, 08-06-20. Letter to the Yarmouth Town Council Regarding the Bridge Street Dam and penstock.

~4/2020

USACE notifies the Town of Yarmouth that they have completed the USACE 206 Evaluation and it meets their criteria to proceed. US Army Corps of Engineers, 2020a.  Federal Interest Determination: Royal River, Yarmouth, Maine 206 Aquatic Ecosystem Restoration.  At the request of the Town of Yarmouth.

04/03/2020

Federal Energy Regulatory Commission approved Sparhawk Mill surrender of exemption. On November 6, 2018, Sparhawk, LLC (Sparhawk), exemptee for the 270 kilowatt (kW) Old Sparhawk Mill Hydroelectric Project No. 8417, filed an application to surrender its exemption from licensing. The project is located on the Royal River in the Town of Yarmouth in Cumberland County, Maine. The project does not occupy federal

lands.

~06/06/2018

The Conservation Law Foundation filed a notice of intent to sue (on May 11) against the Town of Yarmouth, the Sparhawk Mill owner Allan Jagger and the real estate agent Michael Cardente for alleged violations of the federal Clean Water Act.

10/12/2017

The Department of Inland Fisheries and Wildlife Service noted, "In the summer of 2017, Service staff surveyed the bypass to assess potential for passage in this side channel. Due to its long, circuitous path around Factory Island, the side channel is characterized by predominantly mild slopes with occasional drops and short, steeper slopes over ledge outcroppings. Remnant mill foundation stone can be found throughout the area. In general, the side channel appears passable over most of its length though water depths were shallow at the time of this survey. Two locations that may hinder fish movement were identified. Moving upstream, the first potential impediment was a wide ledge bench of moderate slope. The bench

induced shallow, sheet flow over this flat bedrock section. The combination of fast water and shallow depth would clearly inhibit movement of American shad, and to a lesser degree, river. herring. The second potential impediment was a short cascade towards the upstream end of the side channel. Alosines prefer to move over hydraulic drops through submerged nappes and, generally, are not known to leap over free overfalls (in the way salmonids do). The degree to which both sections impede upstream movement is highly dependent on flow in the channel. Significant improvements to the passage conditions at these sites might be accomplished through alternations to the ledge outcroppings and/or movement of large rocks. This work might be accomplished in 3 to 5 days by a small crew with access to a generator, compressor, pneumatic hammer, and grip hoists. These enhancements would be relatively low cost and should be considered viable alternatives."

~09/17/2015

Yarmouth Town Council votes 6-1 not to take action or further consideration on removal of the Bridge St. dam.  

The RRA is formed after the Town meeting by community members to want to continue to fight for the health of the Royal River and for fish passage.

04/08/2013

The Town of Yarmouth with assistance from Landis Hudson (Maine Rivers) submits a Letter of Intent to request USACE assistance with Royal River restoration. "The request called for studying the potential for restoring fish passage through the removal or alteration of two dams owned by the Town."—USACE

07/31/2012

Royal River Rolling Stones Project, 2012. Factory Island Back-Channel, Yarmouth, ME.  Portland Press Herald, 7-31-2012

02/19/2009

The Yarmouth Town Council appropriates funds "to study alternatives for improved fish passage and river restoration alternatives on the Royal River".